Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-05
NOT SETTLED.
The Constitutionality of an Election by an
Extra Session.

The Constitutionality of an Election by an
Extra Session.
PARKERSBURG, w. va, March At
being pretty generally conceded that, ow
ing to the failure of the Legislature to pass
bills making appropriations of money to
carry on the running expenses of the State,
an extraordinary session of the Legislature
will be convened at an early date; and, as
there will be vacancy in the Senator
ship, inasmuch as the Legislature failed
to elect q successor TO Senator Cam
den, and that Governor Wilson will
probably appoint Senator after the 4th of
March, the all-absOTbing topic of discus
sion now being had among the people is:
What will the Legislature do, providing
the Governor appoints u Senator and con-
venes the Legislature for certain special
reasons?
| met very prominent Democrat and
able lawer of this State to-day, and asked
for his opinion of the rights, powers and
privileges of the to-be-cOnvened Legisla-
ture in reference to the election of a Sena-
tor by that body, and the probable settle
ment or outcome of the muddle. l give
his reply verbatim:
"Under our State Constitution and laws
the Legislature, when convened in extra
session by the order of the Governor,
can enter upon no business except that
stated in the proclamation. The United
States Constitution provides that if va
c,ncy happens in the Senatorial representa-
tion from State during the recess of the
Legislature the Governor of the State may
make temporary appointment until the
next meeting of the Legislature. There is
n conflict between the United States
and State Constitution. The official rep
resentatiye character of q United States
Senator makes his election and qualifca-
ton question for the United States to
dispose Of and not the Governor or Legis-
leture. Should the Legislature, when it
meets again, fail to ballot for Senator,
it will do so in violation of the United
States Constitution, and if it should elect
Senator the question of such an election
would be disposed of by the United States
Senate, which body will look 10 the
laws governing such matters, and be-
ing the sole judge of the qualification and
election of its members, what could the
Governor or any other State official do?
The Governor might arbitrarily refuse to
give or certify the credentials of person
so elected, but by doing so he virtually as
suWes the prerOgative of every Legislative
body, to wit: To be the exclusive Judge of
the election and qualification of it's men,
bers. The people of this State are as
Nnl -,
atOrial matter disposed of and
settled as they are in having appropri-
ations passed; hence the Governor
can, and have no doubt will, as he is a
reasonable, intelligent man, obviate all
trouble and perpleXity about this question
by issuing his proclamation converting the
Legislature for the purpose of passing the
appropriation bills, and to do any other
business relating TO the interest of the
State. But il he should act differently,
and the Legislature should elect a
Senator, in my opinion he would he
seated by the United States Senate;
for it is one of the first and
plainest provisions of the National Con-
Stitution that it and the laws made
in pursuance thereof are declared To be the
supreme law OF the land, and the Judges,
and, may add, Governors and all State
officers are bound thereby, anything in
the constitution or laws of this or any
other State to the contrary notwithstand-
ing"
Then you think there will be renewal
of the Senatorial fight?"
II am snre of it,"
"Who do you think will be the candi-
dates 2"
II am of the opinion that Mr.. Camden's
friends will stick TO him through the extra
session, as in the past"
Have his chances improved or decreas-
ed?"
81 have reason to believe that there are
those among his opponents in his own par
ty who are now sorry for the stand they
took against him, and that more than one
will gladly try to undo the damage they
now see they have done by voting for him
the next time
IL suppose you have reasons for thinking
so?"
81 have the best in the world"
Are there any Republicans or Green
hackers who will support him if the neces-
sity arises"
II must decline to answer that question
Just now"